Judge Yuriy Hrechko's punishment softened: HCJ changed disciplinary sanction considering the Supreme Court's position
The High Council of Justice partially annulled the decision of the Third Disciplinary Chamber of the HCJ dated June 16, 2021, regarding the disciplinary liability of the judge of the Synelnykove City District Court of Dnipropetrovsk region, Yuriy Hrechko, and adopted a new decision.
Judge Yuriy Hrechko was held disciplinarily liable and was subjected to a sanction in the form of a severe reprimand with deprivation of the right to receive additional payments to the judge's salary for three months.
The decision was made based on the voting results: 14 members of the HCJ voted "for," 3 — "against."
Circumstances of the disciplinary case
The Third Disciplinary Chamber of the HCJ established that Judge Yuriy Hrechko, acting as an investigating judge, committed significant violations of procedural law norms. In particular, he did not provide proper reasoning for accepting the investigator's arguments regarding the seizure and cancellation of the seizure of property, and also exceeded his authority when deciding on the obligation of the custodian to return the corn grain.
The consequence of these actions was the execution of a knowingly unlawful ruling of the investigating judge dated January 31, 2020, and the removal of the grain. The disciplinary body qualified the judge's actions as gross negligence, which undermines the authority of justice and raises doubts about its objectivity. Taking into account the circumstances established by the Third Disciplinary Chamber of the HCJ, the disciplinary body decided to apply to Judge Yuriy Hrechko a disciplinary sanction in the form of a submission for dismissal from office.
Circumstances of the case review by the judge
In the criminal proceeding where Yuriy Hrechko acted as an investigating judge, the issue of seizing property — a batch of corn grain — was resolved. The judge granted the investigator's motion for seizure, and later the motion for cancellation of the seizure and the obligation of the custodian to return the property to the owner. However, according to the Disciplinary Chamber, the judge did not properly verify the validity of the motions, did not provide sufficient reasoning for his decisions, and effectively allowed the removal of the grain without proper legal control, which led to possible losses of the interests of the state or victims.
Consideration of the disciplinary case
Earlier, the High Council of Justice, by its decision dated December 14, 2023, left unchanged the decision of the Third Disciplinary Chamber of the HCJ to hold Judge Yuriy Hrechko liable and to apply a disciplinary sanction in the form of a submission for dismissal from office.
By the ruling of the Grand Chamber of the Supreme Court dated June 13, 2024, this HCJ decision was annulled in part regarding the disciplinary liability of Judge Yuriy Hrechko. The Supreme Court indicated that the HCJ exceeded its authority by evaluating the judge's procedural decisions and unjustifiably equated procedural violations with behavior undermining the authority of justice.
HCJ Decision
The High Council of Justice, taking into account the conclusions of the Grand Chamber of the Supreme Court, partially annulled the previous decision of the Third Disciplinary Chamber of the HCJ and applied to Judge Yuriy Hrechko a disciplinary sanction in the form of a severe reprimand with deprivation of additional payments to the salary for three months.
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